Apple Rejects Samsung's Settlement in Australia

Apple rejected Samsung's offer to resolve their bitter patent dispute in Australia, which may lead to a ban on the South Korean company's new Galaxy tablet in that country.

The two companies are deadlocked in Sydney, where Apple is seeking an injunction to stop the Galaxy 10.1 from launching, continuing claims that Samsung's Galaxy line of smartphones and tablets "slavishly" copy the iPad and iPhone.

Samsung offered to resolve ongoing issues concerning the Galaxy's touch screen technology for a patent on finger movements' control of software commands. Apple lawyer Steven Burley said Samsung's offer, though, was not sufficient enough to bring a settlement.

"The main reason we are here is to prevent the launch [of the Galaxy tablet]," Burley said.

Samsung wanted to release the new tablet last Friday, but delayed the launch while court proceedings continued. Now, the South Korean company says it will be happy if it can have the Galaxy tablets in stores before Christmas.

"If we can't get a decision out by mid-October, there is no urgency," said Neil Young, a Samsung attorney. A delayed decision on the injunction may also delay the Apple-Samsung trial, which would mean the South Korean company's legal defense may take until March to be fully-prepared.

A court-approved injunction may mean a ban on the Galaxy until at least after the trial, if not permanently, and in that event, Young said, the new Galaxy tablet will be "commercially dead" in Australia.

The Galaxy 10.1 is already blocked in Germany, and another court in the Netherlands halted several of Samsung's smartphones in Europe, so an Australian ban would stop the device in yet another crucial market.

The Australian courts were expected to decide on the injunction this week, subject to ongoing talks between Apple and Samsung.

The patent dispute in Sydney is just one of 20 cases the companies filed against each other in nine different countries. An Australian ban, if enacted, may be a major blow for Samsung, but the South Korean company is facing an even bigger worry -- a potential U.S. ban.

A federal court in California is expected to rule on Apple's demands that the Galaxy tablet, along with three Samsung smartphones, be banned in the U.S. until a patent trial is held.

Meanwhile, Samsung is seeking bans of Apple products as well, making its own patent claims. Analysts believe Samsung may also seek a ban on Apple's new iPhone.

Such product bans are often threatened but don't always happen, since threats of bans can often force settlements between tech companies. Samsung and Apple, though, are fighting furiously to rule the smartphone and tablet market. Neither company appears to be giving up ground, and more devices could be banned as the legal battle continues.

Apple Rejects Samsung's Settlement in Australia originally appeared at Mobiledia on Tue Oct 04, 2011 10:40 am.

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Samsung attempts ban on iPhone 4S in Australia and Japan, but not UK

Samsung is bringing more legal action against Apple to have the iPhone 4S banned in Australia and Japan

The legal struggle between Samsung and Apple continues as Samsung has now filed cases in Australia and Japan to have the iPhone 4S banned from sale for infringing on its patents.

The latest chapter of this dispute comes after Apple successfully obtained injunctions against the sale of Samsung’s Galaxy Tab 10.1, temporarily in Australia and permanently Germany. Samsung has stated it will fight the German ruling. Previously Apple won a temporary ban on the Galaxy Tab across Europe.

Samsung is also struggling in the US where a judge ruled that the Galaxy Tab infringed on Apple’s patents, however, an injunction has not yet been issued as Apple still needs to prove to the court that its patents are valid.

Generally Apple appears to have a lead in the global patent war with its South Korean rival.

Samsung issued a statement regarding its new cases in Australia and Japan: ‘Apple has continued to violate our patent rights and free ride on our technology. We will no longer stand idly by and will steadfastly protect our intellectual property.’

Interestingly, Holland has been largely intolerant of cases brought forward from either company.

Previously Apple made a bid to have the Galaxy Tab banned in Holland which was rejected by Dutch courts. Samsung’s counter claim has since also been rejected in a similar manner.

As yet, there's no word on the iPhone 4S being banned in the UK. Good news there, then.

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Apple blocks Samsung tablet release in Australia

Apple’s legal team remains busier than ever as they continue to fend off what they deem patent infringements from rival smartphone and tablet manufacturers across the globe. This time Cupertino has put a stop to Samsung releasing theirGalaxy Tab 10.1 in Australia pending resolution of a legal dispute.

As reported by Bloomberg, Apple claims that the Galaxy Tab 10.1 violates no less than 10 patents and is too similar to the iPad. Specific patent claims include the “look and feel” and touchscreen technology.

Samsung claims that the Australian model of their flagship tablet is different than the US version and has even agreed to send three samples to Apple’s legal team for evaluation at least seven days before a planned release. The company had been announcing the tablet’s imminent arrival since July 20.

Samsung has agreed to postpone sales of the Tab 10.1 until a resolution can be reached or they gain court approval. Should Samsung win, Apple would be responsible for paying an unspecified amount of damages.

This is just the latest development in the Apple vs. Samsung legal saga that has been unfolding for several months in multiple countries. Earlier this year Apple sued Samsung in California over Galaxy phones and tablets which prompted a countersuit by Samsung less than a week later alleging patent infringement on their smartphone technologies.

Federal Court Justice Annabelle Bennett has scheduled a follow-up hearing for August 29. If no agreement can be reached by then, a trial date will be set.